Chapter 9.36
MASSAGE ESTABLISHMENTS AND SCHOOLS OF MASSAGE
Sections:
9.36.010 Legislative purpose.
9.36.020 Definitions.
9.36.030 Permit required.
9.36.040 Filing and fee provisions.
9.36.050 Applications.
9.36.060 Referral of application to other departments.
9.36.070 Trainee permit.
9.36.080 Issuance, refusal, revocation, or suspension of permits.
9.36.090 Term of permit.
9.36.100 Sale, transfer or change of location.
9.36.110 Required facilities.
9.36.120 Operating requirements.
9.36.130 Register and permit number of employees.
9.36.140 Display of permit and identification cards.
9.36.150 Employment of persons under the age of 18 prohibited.
9.36.160 Records of treatment.
9.36.170 Services and rate sign.
9.36.180 Inspection sign.
9.36.190 Inspection.
9.36.200 Employment of persons without permits unlawful.
9.36.210 Time limit for filing application for permit.
9.36.230 Exceptions.
9.36.240 Out-call massage – Permit required.
9.36.250 Out-call massage – Type allowed.
9.36.260 Out-call massage – Prohibited locations.
9.36.270 Out-call massage – Permitted hours.
9.36.280 Out-call massage – Permit application.
9.36.290 Out-call massage – Issuance, denial, revocation, or suspension of permits.
9.36.300 Out-call massage – Term of permit.
9.36.010 Legislative purpose.
The purpose and intent of the city council in enacting the ordinance codified in this chapter is to protect the health, welfare, safety and interest of the public and of patrons of establishments regulated herein by requiring the licensing and regulation of the establishments, services and persons herein defined, by providing minimum building, health and sanitation standards for such establishments, and by requiring minimum qualifications for persons performing such services. (Ord. 98-04 § 1, 1998)
9.36.020 Definitions.
For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Applicant” means a person who is required to file an application for a permit under this chapter, including a masseur, masseuse, instructor, trainee, individual owner, managing partner, managing officer of a corporation, or any other operator, manager or employee of a massage establishment or school of massage.
“Baths” means the giving or furnishing of Russian, Finnish, Swedish, hot air, vapor, electric cabinet, steam mineral, sweat, salt, Japanese, sauna, fomentation or electric baths or baths of any kind whatever, excluding ordinary tub baths or showers where an attendant is not required.
“Bona fide nonprofit organization” means a fraternal, charitable, religious, benevolent or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political or civic welfare to which admission is limited to the members and guests, and revenue accruing therefrom is to be used exclusively for the purposes of said organization, and which organization or agency is exempt from taxation, under the Internal Revenue laws of the United States, as a bona fide fraternal, charitable, religious, benevolent or other nonprofit organization and in which any massage or bath services provided are incidental to its primary operation.
“Bona fide sports, athletic or health club” means any sports, athletic or health club, having on its premises a minimum of six sports or athletic facilities, such as swimming pool, exercise room, racquetball, handball or tennis courts, at least three of which facilities are of separate and distinct types, and in which club a maximum of two persons provide massage services, which services are only incidental to club’s primary operation.
“Health officer” means the health officer of the county of Stanislaus or his or her duly authorized agent.
“Instructor” means a person employed by a school of massage for the purpose of teaching and/or demonstrating courses in said school.
“Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of a human body with the use of the hands, arms or other portion of another human body, with or without the aid of an mechanical or electrical apparatus or appliances and with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used on the human body. “Massage” shall also include the giving of any baths as listed under this section.
“Massage establishment” means any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on; or permits to be engaged in, or carried on, any of the activities mentioned in the definitions of “bath” or “massage.” Any establishment engaged in or carrying on, or permitting, any combination of massage and bath shall also be deemed a massage establishment.
“Masseur” or “masseuse” means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined unless otherwise excepted.
“Out-call massage” means the engaging in or carrying on massage for a fee not at a massage establishment or school of massage, but at a location designated by the customer or client, by any permittee or by any other party.
“Person” means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
“School of massage” means any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than 500 class hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to Section 29007.5 of the Education Code of the state of California.
“Trainee” means a person accepted for enrollment in a course of study leading to a degree or certificate of graduation from a school of massage. (Ord. 98-04 § 1, 1998)
9.36.030 Permit required.
A. It is unlawful for any person to engage in conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a massage establishment or a school of massage without first having obtained a permit from the city as herein required.
B. It is unlawful for any person to act as a masseur, masseuse, instructor or trainee, or to take any other position of employment with a massage establishment or school of massage in the city without first having obtained a permit from the city as herein required.
C. It is unlawful for any person engaged in, conducting, or carrying on, the operation of a massage establishment to operate or use the same premises, location or facilities as a school of massage. (Ord. 98-04 § 1, 1998)
9.36.040 Filing and fee provisions.
A. Every person who proposes to maintain, operate or conduct a massage establishment or a school of massage in the city shall file an application with the city manager, or assigned designee, upon a form provided by the city and shall pay a filing fee of $50.00, which shall not be refundable.
B. Every person who proposes to be employed by a massage establishment or a school of massage for purposes of engaging in the practice of massage, and every person who proposes to be an instructor or trainee in a school of massage shall file an application with the city manager, or assigned designee, upon a form provided by the city and shall pay a filing fee of $25.00, which shall be nonrefundable.
C. A permit when issued shall state whether it is for a massage establishment, for a school of massage, for a masseur or masseuse, or for an instructor or trainee in a school of massage. (Ord. 98-04 § 1, 1998)
9.36.050 Applications.
Every application submitted to the city manager, or assigned designee, shall include the following information:
A. The type of permit applied for.
B. The name, including all aliases, by which the applicant is or has ever been known.
C. The applicant’s present residence address and the residence addresses and dates thereof for the three years immediately preceding the date of the application.
D. Written proof that the applicant is at least 18 years of age.
E. The applicant’s height, weight, color of eyes and hair.
F. Two portrait photographs of the applicant at least two inches by two inches.
G. The business, occupation or employment of the applicant for the three years immediately preceding the date of application.
H. The applicant’s social security number and driver’s license number, if any.
I. The massage or similar business license or permit history of the applicant including:
1. Whether such person has previously operated in this or another city or state under license or permit.
2. Whether such person has had such license or permit revoked or suspended and the reason therefor.
3. The business activity or occupation of such person subsequent to such action of suspension or revocation.
J. Whether the applicant has ever been convicted of:
1. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code.
2. An offense involving the use of force and violence upon the person of another that amounts to a felony.
3. An offense involving sexual misconduct with children.
4. An offense involving theft of property.
5. An offense as defined in California Penal Code Section 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 311, 315, 316, 318, 647 subdivision (a), 647 subdivision (b), 647 subdivision (d) or 647.6.
6. Conspiracy to commit or an attempt to commit any of the aforesaid offenses.
7. The equivalent of any of the aforesaid offenses in a jurisdiction outside the state of California.
K. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement must be made giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered or authorized to engage in prostitution.
L. Whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the state of California.
M. The location at which the permittee is to be employed.
N. Such other identification and information necessary to disclose the truth of matters hereinbefore specified as required to be set forth in the application.
1. Every application for a permit to be a masseur, masseuse, instructor or trainee shall also be accompanied by a certificate from a physician licensed to practice medicine in the state of California showing that the applicant has been tested within the previous 30 days in a manner approved by the health officer and has been found to be free of all contagious, infectious and communicable disease.
2. Every applicant for a permit to be a masseur, masseuse or instructor shall also furnish a diploma or certificate of graduation from a school of massage, wherein the method, profession and work of massage is taught and shall show satisfactory completion of 500 hours of course instruction, to include anatomy and hygiene.
The city manager, or assigned designee, shall accept as meeting the above requirements satisfactory evidence that the applicant has completed courses of instruction substantially equivalent to the above.
3. Every application for a permit to operate a massage establishment or school of massage shall also set forth the exact nature of the massage and/or baths to be administered and the proposed place of business and facilities thereof.
4. Every application for a permit to operate a massage establishment or a school of massage shall give the name and address of the owners and lessors of the real property upon or in which the business is to be conducted.
5. Every application for a school of massage shall be accompanied by:
a. Proof of approval pursuant to Sections 94700 and following of the Education Code of the State of California.
b. A statement of the educational and experience qualifications and the names and residence addresses of all administrators and instructors, and the subject matter to be taught or demonstrated by each.
c. A copy of the course outline, schedule of tuition, fees and other charges, regulations pertaining to tardiness and absence, grading policy, and rules of operation and conduct.
6. If an applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding five percent or more of the stock of the corporation.
O. The corporation shall designate one of its officers to act as the responsible managing officer of the massage establishment or school of massage. Such officer shall complete the application form as an individual applicant under this chapter.
1. If the applicant is a partnership, the application shall also set forth the name and residence address of each of the partners, including limited partners.
The partnership shall designate one of the partners to act as the managing partner of the massage establishment or school of massage. Such a partner shall complete the application form as an individual applicant under this chapter. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.
2. Every application for a permit shall be verified by affidavit, or by declaration or certification under penalty of perjury as provided in the California Code of Civil Procedure. (Ord. 98-04 § 1, 1998)
9.36.060 Referral of application to other departments.
A. All applications for permits for massage establishments or schools of massage shall be referred to the building official, the fire chief, the health officer, the planning officer, and the chief of police, or assigned designee, who shall make written recommendations to the city manager, or assigned designee, concerning compliance with the laws and ordinances that they administer and enforce.
B. All other applications shall be referred to the health officer and chief of police, or assigned designee, for their written recommendations to the city manager, or assigned designee, concerning compliance with the laws and ordinances that they administer and enforce.
C. The chief of police, or assigned designee, shall require an applicant to have his or her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant. (Ord. 98-04 § 1, 1998)
9.36.070 Trainee permit.
A. The city manager, or assigned designee, shall issue a trainee permit after an application therefor has been reviewed and approved. The city manager, or assigned designee, may refuse, revoke or suspend a trainee permit for the reasons set forth in HMC 9.36.080. No such trainee shall perform any of the massage services enumerated in HMC 9.36.020, except that such trainee may engage in massage services within the school premises under the direction of a qualified instructor and in his immediate presence.
B. Such trainee permit shall be valid for a period of 12 months and shall not be renewed or extended except for a delay in completing required training due to accident, illness or other showing of good cause. Such renewal or extension must be in writing by the city manager, or assigned designee. The applicant for a trainee permit must submit a letter signed by the individual owner, managing partner, or managing officer of the school of massage showing that the applicant is currently accepted for enrollment in a course of study leading to a degree or certificate of graduation. (Ord. 98-04 § 1, 1998)
9.36.080 Issuance, refusal, revocation, or suspension of permits.
The city manager, or assigned designee, shall issue all other permits after the application therefor has been reviewed and approved. For good cause the city manager, or assigned designee, may refuse, revoke or suspend a permit for a massage establishment, a school of massage, or for any other applicant or permittee for any of the following reasons, which reasons shall be set forth fully in writing and delivered to the applicant or permittee:
A. That the operation as proposed by the applicant, if permitted, will not or does not comply with all applicable laws, including but not limited to ordinances relating to building, health, planning, housing, zoning and fire protection, and other applicable laws and regulations which the departments named in this chapter have a responsibility to administer.
B. That the applicant or any other person who will be directly engaged in the management and operation of a massage establishment or school of massage has been convicted of any of the offenses enumerated in HMC 9.36.050(J), or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California.
A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five years prior to the date of the application and the applicant has had no subsequent misdemeanor convictions for crimes mentioned in HMC 9.36.050(J), unless the conviction was one which required registration pursuant to California Penal Code Section 290 or pursuant to a similar law in any other state.
C. That the applicant has been licensed or registered in any state as a prostitute.
D. That any of the provisions of this chapter have been violated or that the permittee or any employee, including a masseur, masseuse, instructor or trainee, is engaged in any conduct at a massage establishment or school of massage which violates any state or local law or ordinances, or that the permittee of a massage establishment of such violations, or where such permittee by the exercise of due diligence should have had actual or constructive knowledge of any such violation, or that such permittee or any other person acting on the permittee’s behalf has refused to allow any duly authorized building inspector, police officer, or health officer of the city to inspect the premises or the operations therein pursuant to the provisions of this chapter.
E. That the health officer has determined that such business is being managed, conducted or maintained without regard for the public health, or for the health of patrons or customers, or without due regard to proper sanitation and hygiene.
Any refusal to issue a permit, or the suspension, or revocation of a permit under the provisions of this section is appealable to the city council in the same manner as set forth in Chapter 9.04 HMC for permits issued thereunder. (Ord. 98-04 § 1, 1998)
9.36.090 Term of permit.
Permits issued under the provisions of HMC 9.36.080 shall be valid for a period of one year from the date of issuance and shall be renewable annually.
A. An application for the renewal of a masseur or masseuse permit shall be accompanied by a filing fee of $10.00 which shall not be refundable, and shall contain the same information as HMC 9.36.050, excluding therefrom subsections D, G, H and I.
B. All applications for renewal shall be referred to the chief of police, or assigned designee, who may require an applicant to have his or her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant.
C. All applications for renewal shall be accompanied by a certificate from a physician licensed to practice medicine in the state of California showing that the applicant has been tested within the previous 30 days in a manner approved by the health officer and has been found to be free of all contagious, infectious and communicable disease. (Ord. 98-04 § 1, 1998)
9.36.100 Sale, transfer or change of location.
Upon the sale, transfer or relocation of a massage establishment or school of massage the permit therefor shall be null and void; provided, however that upon the death or incapacity of the permittee, a massage establishment or school of massage may continue in business for a reasonable period of time, not to exceed three months, to allow for an orderly transfer of the business. No permittee shall operate under any name or conduct his business under any designation or at any location not specified in the permit. Any masseur, masseuse, instructor, trainee or other employee may have a valid and unexpired permit transferred for use at any other massage establishment or school of massage upon written application to the city manager, or assigned designee, accompanied by a nonrefundable $5.00 transfer fee. (Ord. 98-04 § 1, 1998)
9.36.110 Required facilities.
Every massage establishment and school of massage shall have the following facilities to provide for and protect the health and safety of the patrons thereof:
A. Rooms and facilities used for toilets, tubs, steam baths and showers shall be constructed and installed in accordance with the applicable building regulations of the state of California and the city.
B. Toilet facilities shall be provided in convenient locations. Separate toilet facilities shall be provided for males and females and shall be designated as to the sex accommodated therein. For buildings constructed prior to 1972 which only provide for one toilet facility, the toilet facility must be clearly marked coed, and shall be restricted to use by only one person at a time.
C. Lavatories or wash basins, provided with both hot and cold running water, shall be installed in every toilet room or the vestibule thereto. All lavatories and wash basins shall be provided with soap in a dispenser and with sanitary towels.
D. Every cubicle, room, booth or other area provided or used for patrons’ use shall be provided with adequate light, heat and ventilation, as approved by the health officer. When windows or skylights are used for ventilation, at least half of the total required window area shall be operable.
E. To allow for adequate ventilation, any cubicle, room, booth or other area provided or used for patrons’ use and served directly by an operable window, skylight or mechanical system of ventilation shall be constructed so that the height of partitions does not exceed 75 percent of the floor-to-ceiling height of the area in which its is located.
F. No cubicle, room or booth, or other area which is provided or used for patrons’ use, other than toilet facilities, shall be fitted with a door capable of being locked.
G. All electrical equipment and plumbing fixtures shall be installed in accordance with the applicable building regulations of the state of California and the city.
H. Individual security deposit facilities capable of being locked by the patron shall be provided at no extra charge for the protection of the valuables of patrons.
No permit to conduct a massage establishment or school of massage shall be issued until an inspection has been made of the proposed facilities by representatives of the building official, health officer, and chief of police of the city, and said officials have determined that the proposed facility meets or can be made to meet the requirements of this chapter. (Ord. 98-04 § 1, 1998)
9.36.120 Operating requirements.
A. Every portion of a massage establishment or school of massage, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
B. All masseurs, masseuses, instructors and trainees shall be clean and wear clean outer garments, the use of which must be identifiable and reflective of the industry associated with the massage establishment or school of massage. A separate dressing area for each sex must be maintained on the premises with individual lockers for each employee or trainee. Doors to such dressing rooms shall open inward and shall be self-closing. For establishments in which only individual therapy sessions (i.e., no more than one client present at a time) are being conducted, a separate designated dressing area, rather than a separate dressing area for each sex, may be provided. Any such separate dressing area, cubicle, booth or partition, if not a separate room, must be constructed so as to conceal any view of the dressing area, and the height of any partition walls or screens must not exceed 75 percent of the floor-to-ceiling height of the area in which it is located.
C. Each massage establishment or school of massage shall be provided with an adequate quantity of clean, laundered sheets and towels. Said sheets and towels shall be laundered after each use thereof and shall be stored in an approved and sanitary manner. Each massage table shall be provided with clean sheets and towels prior to each use. Approved receptacles shall be provided for the storage of soiled linens and towels.
D. Cubicles, rooms, booths, toilet rooms, plumbing fixtures, and other patron facilities shall be thoroughly cleaned at least once each day the massage establishment or school of massage is in operation. Bathtubs and shower compartments shall be thoroughly cleaned with disinfectant after each use.
E. No massage establishment or school of massage, or any portion of a building in which the massage establishment or school of massage is located, shall be used for residential or sleeping purposes, except where the massage establishment or school of massage is located in a residence pursuant to a valid home occupation permit, or where the portion of the building used for residential or sleeping purposes is not connected by interior access to the portion where the massage establishment or school of massage is located.
F. If male and female patrons are to be treated simultaneously, separate rooms, baths and other patron facilities shall be provided for such male and female patrons.
G. Massage establishments and schools of massage may be open for operation only between the hours of 7:00 a.m. and 9:00 p.m., inclusive, of each day.
H. No alcoholic beverage shall be sold, served, furnished, kept or possessed on the premises of any massage establishment of school of massage. (Ord. 98-04 § 1, 1998)
9.36.130 Register and permit number of employees.
A. Every permittee of a massage establishment must maintain a register of all persons employed on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the city.
B. Every permittee of a school of massage must maintain a register of all persons employed on the premises and of all trainees or students. Such register shall be available for inspection during regular business hours by any health officer or police officer of the city. (Ord. 98-04 § 1, 1998)
9.36.140 Display of permit and identification cards.
A. Every massage establishment or school of massage shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such massage establishment or school of massage in a conspicuous place so that the same may be readily seen by all persons entering the massage establishment or school of massage.
B. The city manager, or assigned designee, shall provide each masseur, masseuse, instructor or trainee, or other employee granted a permit which shall contain the name and permit number of said masseur, masseuse, instructor or trainee which must be posted in a conspicuous place so that the same may be readily seen by all persons entering the massage establishment or school of massage during the hours of employment or training. (Ord. 98-04 § 1, 1998)
9.36.150 Employment of persons under the age of 18 prohibited.
A. It is unlawful for any individual owner, managing partner, managing officer, or other person in charge of any massage establishment or school of massage to employ any person who is not at least 18 years of age, to engage in the practice of massage therapy.
B. Employment of persons under the age of 18 years shall be restricted to duties associated with administrative, reception duties, cleaning or retail sales functions within the establishment. Employees under the age of 18 years shall not be allowed in the massage therapy area, while massage therapy or massage therapy training is being conducted. (Ord. 98-04 § 1, 1998)
9.36.160 Records of treatment.
A. Every permittee of a massage establishment or school of massage shall keep a record of the date and hour of each treatment, and the name and address of the patron, and the name of the employee administering such treatment and the type of treatment administered. Such records shall be maintained for a period of 12 months.
B. Such records shall be open to inspection by the health officer. The information furnished or secured as a result of any such inspection shall be confidential. No public officer or deputy officer or employee of the city shall in any manner reveal any such confidential information except in a legal action to enforce the provisions of this chapter or pursuant to a court order.
C. Any unauthorized disclosure or use of such information by an owner, operator, manager, permittee or employee of a massage establishment or school of massage shall constitute a misdemeanor, and such person shall be subject to the penalty provisions of this code in addition to any other penalties provided by law. (Ord. 98-04 § 1, 1998)
9.36.170 Services and rate sign.
Every permittee of a massage establishment or school of massage shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the massage establishment or school of massage, printed in bold letters not less than one inch in height, listing the services available and the rates to be charged therefor. No services shall be performed and no sums shall be charged for such services other than those shown on the sign posted. (Ord. 98-04 § 1, 1998)
9.36.180 Inspection sign.
Every permittee of a massage establishment or school of massage shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the massage establishment or school of massage, printed in bold letters not less than one inch in height, with the following thereon: “These premises are subject to inspection without notice by authorized officials of the City of Hughson.” (Ord. 98-04 § 1, 1998)
9.36.190 Inspection.
The health officer, building official, code enforcement officer, chief of police, or assigned designee of any of them, shall from time to time, but not less than twice a year, cause an inspection to be made of the premises of each massage establishment and school of massage in the city for the purpose of determining whether the provisions of this chapter are being complied with. (Ord. 98-04 § 1, 1998)
9.36.200 Employment of persons without permits unlawful.
It is unlawful for any owner, operator, manager or permittee in charge of or in control of a massage establishment or school of massage to employ any person who is not in possession of a valid, unrevoked permit or to allow such a person to practice massage within a massage establishment or school of massage. (Ord. 98-04 § 1, 1998)
9.36.210 Time limit for filing application for permit.
All persons who possess an outstanding business license heretofore issued for the operation of a massage establishment or school of massage and all employees thereof must apply for and obtain a permit within 90 days of the effective date of the ordinance codified in this chapter. Failure to do so and continued operation of a massage establishment or school of massage or continued employment as a masseur, masseuse, instructor, trainee or other employee of a massage establishment or school of massage without a permit shall constitute a violation of this chapter. (Ord. 98-04 § 1, 1998)
9.36.230 Exceptions.
This chapter shall not apply to:
A. Hospitals, nursing homes or sanitaria.
B. Physicians and surgeons, osteopaths, chiropractors or physical therapists who are duly licensed to practice their respective professions in the state of California, or persons working under the direction of any such persons in hospitals, nursing homes or sanitaria.
C. Nurses who are registered under the laws of the state of California.
D. Barbers, cosmetologists or estheticians, when lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state of California. Persons working under the direction of barbers, cosmetologists or estheticians who are not themselves licensed barbers, cosmetologists or estheticians, must comply with this chapter.
E. Bona fide trainers or coaches of any amateur, semiprofessional or professional athlete or athletic team and the facilities thereof.
F. A bona fide sports, athletic or health club, as defined herein, and the facilities thereof. All persons who provide massage services in said facilities are required to comply with this chapter.
G. Practitioners of reflexology who present to the police chief a satisfactory certificate of proof of successful completion of 200 hours of reflexology classroom instruction in reflexology-related subjects including anatomy, physiology, and subjects dealing with feet, hands or ears and reflexology practice from an accredited school. The practitioner shall submit written proof of attendance, including certified transcripts or other documents acceptable to the police chief. (Ord. 07-03 § 1, 2007; Ord. 98-04 § 1, 1998)
9.36.240 Out-call massage – Permit required.
Except for out-call massage which has been prescribed in writing by a duly licensed physician, chiropractor or osteopath, it is unlawful for any person to conduct out-call massage without first having obtaining a permit issued by the city. (Ord. 98-04 § 1, 1998)
9.36.250 Out-call massage – Type allowed.
A. All out-call massage, unless prescribed in writing by a duly licensed physician, chiropractor, or osteopath, shall be performed in a high-touch massage chair or other similar device.
B. The therapist performing the massage therapy shall be fully clothed as shall be the client. No oils, liniments, rubbing alcohol, antiseptics, creams or lotions shall be used. (Ord. 98-04 § 1, 1998)
9.36.260 Out-call massage – Prohibited locations.
Out-call massage shall not be conducted in the following locations:
A. A hotel/motel room or any other similar location used primarily for transitory habitation purposes.
B. The residence of the out-call massage therapist. (Ord. 98-04 § 1, 1998)
9.36.270 Out-call massage – Permitted hours.
Out-call massage shall only be conducted between the hours of 8:00 a.m. and 8:00 p.m. (Ord. 98-04 § 1, 1998)
9.36.280 Out-call massage – Permit application.
Every person who proposes to conduct out-call massage shall make an application under penalty of perjury to the chief of police or his or her authorized representative upon a form provided by the city. A nonrefundable fee of $75.00 shall be paid to the city to reimburse the city for the cost of the investigation. A copy of the receipt issued by the city finance department shall accompany the application. The permit fee required under this section is in addition to any other license or permit fee required by the Hughson Municipal Code.
A. The application for permit does not authorize the applicant to practice out-call massages until such permit has been granted.
B. Every application submitted to the chief of police shall include the following information:
1. The applicant’s full name, any other names used, date of birth, California driver’s license number or California identification number, social security number, present resident address, telephone number, sex, height, weight, color of hair, and color of eyes.
2. Previous two residence addresses of the applicant and the inclusive dates of each address.
3. The applicant’s business, occupation, and employment history for five years preceding the date of application and inclusive dates of same.
4. The permit history of the applicant; whether such person ever had any permit or license issued to him or her by any other public entity in this or any other state; the date of issuance of any such permit or license, whether any such permit or license has ever been revoked or suspended; and if any such license or permit has been revoked or suspended, the reason therefor.
5. All convictions for any crimes involving conduct which requires registration under any state law similar to and including California Penal Code Section 290, or of conduct which is a violation of the provisions of any state laws similar to and including California Penal Code Sections 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647, 647.6 or any crime involving dishonesty, fraud, deceit or moral turpitude.
6. Acceptable written proof that the applicant is at least 18 years of age.
7. A complete set of fingerprints acceptable to the chief of police.
8. The applicant shall make himself or herself available to the Hughson police department in order to be photographed.
9. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.
10. The applicant must submit a written statement signed by a medical doctor licensed to practice in the state of California stating that the applicant has been examined within 30 days immediately preceding the application, and found to be free of any contagious or communicable disease.
11. The applicant must furnish a diploma or certificate of graduation from a school of massage approved by the state of California, Department of Education. The applicant must have completed at least 500 hours in a resident course wherein the theory, method, profession and work of massage is taught. In the alternative, if the applicant did not attend a school of massage in the state of California, the applicant must submit a certified transcript of the applicant’s school record showing date of enrollment, 500 or more hours of instruction, and graduation from a course wherein the theory, method, profession, and work of massage is taught, and a copy of the school’s certification from its state’s board of education, or the equivalent state agency.
12. Such other identification and information as the chief of police may require. (Ord. 98-04 § 1, 1998)
9.36.290 Out-call massage – Issuance, denial, revocation, or suspension of permits.
The chief of police or his or her authorized representative shall have 60 days from the date a complete application is submitted in which to investigate the application and background of the applicant. Upon completion of the investigation, the chief of police or his or her designated representative shall approve or deny the permit. The chief of police may refuse, revoke or suspend a permit for out-call massage for any of the following reasons, which reasons will be set forth fully in writing and delivered to the applicant:
A. The applicant has been convicted of any of the offenses enumerated in HMC 9.36.050(J), or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California.
A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five years prior to the date of the application, and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor or convictions for crimes mentioned in HMC 9.36.050(J).
B. The applicant has been licensed or registered in any state as a prostitute.
C. That any of the provisions of this chapter have been violated or the out-call massage therapist is engaged in any conduct at any time found to be in violation of any state or local law or ordinance.
D. A permit shall be refused if the applicant is found not to have the required education in the field of massage therapy as listed in this section.
E. Any false statements made in the initial application for out-call massage permit. (Ord. 98-04 § 1, 1998)
9.36.300 Out-call massage – Term of permit.
A. Permits issued under the provisions of HMC 9.36.290 shall be valid for a period of one year from the date of issuance and shall be renewable annually.
B. An application for renewal for an out-call massage permit shall be accompanied by a nonrefundable filing fee of $25.00. (Ord. 98-04 § 1, 1998)